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Ken Griffin - Fwd: Re: Carter Estates
From:Marcie Diamond
To:Ken Griffin
6/28/2010 10:13 AM
Date:
Subject:Fwd: Re: Carter Estates
here is yesterday's e-mail that i referred to in today's e-mail
>>> On 6/27/2010 at 9:51 AM, Marcie Diamond wrote:
Let me respond to your last question 1st... There were deed restrictions on Carter Estates, but they
expired on January 1, 2001. I am not aware of any Land Trust.
It is true that they intend to develop under SF-12 regulations except that they are requesting a
variance to the minimum side yard requirements. They are requesting a PD to allow for that, as
well as the elimination of the alley requirement and a variance to the cul-de-sac length. The PD also
allows for additional restrictions such as increasing minimum house size, which would be beneficial
to the neighbors.
However, even if they developed under SF-12 zoning, the final plat would require a public hearing
because a portion of the property (approx. 3 acres) is actually Lot 1, Block 1 of Carter Estates, and
therefore will require a residential re-plat. This re-plat requires notification of all property owners
within 200 feet within the original subdivision, and if 20% oppose, it would require a 3/4 majority
of Council to approve.
Well, that's all I can think of off the top of my head... please feel free to let me know if you have
any questions or would like additional information.
Marcie
Marcie Diamond, AICP
Assistant Director of Planning
City of Coppell
972-304-3676
www.ci.coppell.tx.us
>>> Jayne Peters 06/27/10 9:20 AM >>>
Good morning, and I apologize sincerely for bothering you all on a weekend. I just want to make
sure I have my facts straight so that I can provide accurate information to the residents who have
contacted me - apparently there's a meeting planned this evening with several of the Carter Estates
neighbors (no, I do not plan to attend). Please don't spend a lot of time on this today, but if you can
validate the information I've provided off the top of your head, it would be greatly appreciated!
I've visited with several neighbors in the Carter Estates subdivision over the weekend, and there's
concern brewing over the Foss family's desire to sell their land to Toll Brothers. I know the Walter
and Kathy Foss have been talking about selling their land for some time now, and on Thursday
evening (6/24), the Foss' hosted a meeting with neighbors and Toll Brothers as a courtesy to let the
neighbors know what they have planned.
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This is what I've been told by neighbors:
1) The Foss' intend to sell their property (22 acres) to Toll Brothers
2) Of the 22 acres, 11 acres can be developed
3) Toll Brothers plan to build 26 single family homes on 11 acres (which is certainly permissable
under SF-12 zoning)
4) Toll Brothers plan to be on the P&Z agenda for July and, potentially, on the Council agenda for
August
5) Toll Brothers has said that the houses will be a minimum of 3,000 sq ft (SF-12 allows a minimum
of 1,800)
6) Sounds like Toll Brothers plan to keep the SF-12 zoning, and will be requesting preliminary plat
approval, with a waiver of the alley requirement
7) All the neighbors I've spoken with understand that the Foss' have a right to sell their property, and
that Toll Brothers has the right to develop - just lots of concerns of how this development would
impact their neighborhood
Here's what I think I know:
1) Carter Addition and Carter Addition, Phase 2 are currently zoned SF-12
2) Carter Addition was originally platted in 1972, and Carter Addition, Phase 2 (5 lots) was platted
in 1996
3) If the developer is not requesting a change in zoning, there is no requirement for a public hearing
at P&Z or Council for plat approval
4) For plat approval, if the developer meets all of our codes and ordinances, council action is
consider "ministerial" in nature, i.e., little, if any, discretion.
5) Under straight, the Council could grant a variance waiving the alley requirement
6) Under straight SF-12 zoning, here are the regulations:
SF - 12: Sec. 12-11-3. Area regulations.
1. Minimum size of yards:
(A) Front yard: 30 feet. Where lots have double frontage, running through from one street to
another, the required front yard shall be provided on both streets.
(B) Side yard: Ten percent of the lot width, but in no case shall the side yard be less than eight
feet. A side yard adjacent to a street shall not be less than 15 feet. Allowable non-residential uses 25
feet.
(C) Rear yard: 20 feet.
2. Minimum size of lot:
(A) Lot area: 12,000 square feet.
(B) Lot width: 85 feet.
(C) Lot depth: 110 feet.
3. Minimum dwelling size: 1,800 square feet, exclusive of garages, breezeways and porches.
4. Maximum lot coverage: 35 percent of the total lot area may be covered by the combined area of
the main buildings and accessory buildings.
(Ord. No. 91500)
What I don't have any way of knowing:
1) Any deed restrictions or covenants pertaining to this property or subdivision? I don't believe
Carter Estates has an HOA, and I don't know if there was a Land Trust involved when Mr. Carter
sold his property to the Foss'.
Thanks in advance for your help,
Jayne
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